A Texas drunk driver accident settlement can include more than the driver's insurance. Bars that over-served the driver may be liable, and exemplary damages are not capped when the conduct amounts to intoxication assault or manslaughter. Evidence from where the driver was drinking must be preserved early. Owsley Law Firm reviews these claims free.
Drunk-driving crashes are among the most preventable on Texas roads, and they often cause serious injuries or deaths. They are also cases where the law provides additional avenues of recovery that do not exist in ordinary crashes.
The injured person's civil claim is separate from any criminal case. It can include the driver, the establishment that served the driver, and exemplary damages meant to punish conduct far beyond ordinary carelessness.
How much is a drunk driver accident settlement worth in Texas?
The injuries set the core value, and dram shop and exemplary damages can expand what is recoverable.
The claim starts with the same damages as any injury case. Then the law adds possibilities: a dram shop claim against an establishment that served the driver, and exemplary damages for gross negligence.
Many drunk drivers carry little insurance, so these additional avenues often decide whether the settlement covers the harm.
Can I sue the bar that served the drunk driver?
Yes, if the provider served someone who was obviously intoxicated to the point of presenting a clear danger, and the intoxication caused the crash.
The Texas dram shop statute (Alcoholic Beverage Code Chapter 2) creates liability for alcohol providers in those circumstances. Bars and restaurants carry liquor liability insurance, which can significantly expand the coverage available.
Proving a dram shop claim requires evidence from the establishment: receipts, tabs, video, and witnesses. That evidence disappears quickly, so it needs to be requested early.
Are exemplary damages capped in drunk driving cases?
Generally yes, but not when the conduct amounts to intoxication assault or intoxication manslaughter.
Section 41.008(b) of the Civil Practice and Remedies Code generally caps exemplary damages at the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000. Section 41.008(c) removes the cap for conduct described in certain felonies, including intoxication assault and intoxication manslaughter.
Exemplary damages require clear and convincing evidence of gross negligence, and the decision belongs to the jury. They are not guaranteed, but their possibility affects how insurers value these cases.
Does the criminal case affect my settlement?
A conviction can help prove fault, but the civil claim is separate and has its own deadline.
The criminal case punishes the driver; the civil case compensates you. You do not need to wait for the criminal case to end, and the two-year civil deadline keeps running regardless. Criminal case records, including blood test results, can be powerful evidence in the civil claim.
What evidence matters most?
Proof of intoxication, proof of where the driver was served, and proof of your injuries.
The driver's path before the crash often leads to a bar, restaurant, or event venue.
- Blood or breath test results and the arrest report
- Bar receipts, tabs, and credit card records
- Surveillance video from the establishment
- Witnesses who saw the driver drinking
- Crash report and scene evidence
- Medical and wage-loss records
What if the drunk driver had no insurance?
Your uninsured motorist coverage, and any dram shop claim, become the main sources of recovery.
UM/UIM coverage applies unless rejected in writing (Insurance Code section 1952.101). Combined with a dram shop claim, it can turn an uninsured-driver case into a recoverable one.
How long does a drunk driving settlement take?
It depends on the injuries and the number of defendants; dram shop claims often require suit.
The two-year deadline under section 16.003 applies to the civil claim, including any dram shop claim.
What moves the value up or down
| Factor | Pushes value up | Pushes value down |
|---|---|---|
| Intoxication proof | Blood test, arrest, conviction | No testing, disputed impairment |
| Dram shop | Receipts and video showing service to an obviously intoxicated person | No evidence of where the driver drank |
| Exemplary damages | Conduct amounting to intoxication assault or manslaughter | Ordinary negligence only |
| Injuries | Serious, permanent, or fatal | Minor injuries |
| Coverage | Bar's commercial policy, your UIM | Driver with minimum limits only |
What evidence proves it
- Arrest report and toxicology results
- Bar receipts and credit card records
- Establishment video
- Witness statements
- Crash report
- Medical records
Mistakes that cost people money
- Waiting for the criminal case to finish before acting
- Not identifying where the driver was drinking
- Letting the establishment's video be overwritten
- Settling with the driver's insurer in a way that releases other parties
- Assuming the driver's insurance is the only coverage
Frequently asked questions
Can I sue a bar for serving the drunk driver who hit me?
Yes, if the bar served someone who was obviously intoxicated to the point of presenting a clear danger, and the intoxication caused the crash.
Do I need to wait for the criminal case?
No. The civil claim is separate, and its two-year deadline continues to run during the criminal case.
Are drunk driving settlements higher?
They can be, because of dram shop claims and exemplary damages, but every case depends on its injuries, evidence, and coverage.
What are exemplary damages?
Damages meant to punish gross negligence rather than compensate for losses. They require clear and convincing evidence and are generally capped, with exceptions for intoxication felonies.
What if the driver was a minor?
Texas has additional rules for providing alcohol to minors, and adults who supplied the alcohol may be liable. The facts determine which rules apply.
This page is general information about Texas law and is not legal or medical advice. Every case depends on its own facts. Contact the firm for a free review of yours.
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